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To cope with his dread, John Kitzhaber opened his leather-bound journal and began to write.
It was a little past 9 on the morning of Nov. 22, 2011. Gary Haugen had dropped his appeals. A Marion County judge had signed the murderer's death warrant, leaving Kitzhaber, a former emergency room doctor, to decide Haugen's fate. The 49-year-old would soon die by lethal injection if the governor didn't intervene.
Kitzhaber was exhausted, having been unable to sleep the night before, but he needed to call the families of Haugen's victims.
"I know my decision will delay the closure they need and deserve," he wrote.
The son of University of Oregon English professors, Kitzhaber began writing each day in his journal in the early 1970s. The practice helped him organize his thoughts and, on that particular morning, gather his courage.
Kitzhaber first dialed the widow of David Polin, an inmate Haugen beat and stabbed to death in 2003 while already serving a life sentence fo…

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Pennsylvania supreme court upholds death penalty moratorium

The legal wrestling over the death penalty in Pennsylvania seems to be on hold, for now, with the state Supreme Court upholding Gov. Tom Wolf's temporary moratorium on executions until a review of the death penalty system has been concluded.

In February 2015, Wolf imposed a moratorium on state executions until the study by the Pennsylvania Task Force and Advisory Commission on Capital Punishment was complete. Philadelphia District Attorney Seth Williams was among other state prosecutors opposing the moratorium and the constitutionality of the action. Williams' office took issue with the fact that the execution of convicted murderer Terrence Williams would not be carried out.

"While we had hoped for a different outcome, the Philadelphia District Attorney's Office respects the Supreme Court's decision," Cameron Kline, a spokesman for Williams said. "And, as always, we extend our condolences to the victims of these horrendous crimes, who will not soon see the justice that was imposed by the jury and upheld by the courts."

The defense attorney's for Terrence Williams - Shawn Nolan, chief of the Capital Habeas Corpus Unit and Timothy Kane, assistant federal defender, both of the Federal Community Defender Office for the Eastern District of Pennsylvania - said they were pleased by the ruling.

"In 300 years, the Pennsylvania Supreme Court has steadfastly refused to interfere with any governor's act of clemency and today the court unanimously adhered to that tradition. Governor Wolf's action was indistinguishable from actions taken by previous Pennsylvania governors and governors of numerous other states," they said in a statement. "All of them have used reprieves to establish moratoria on executions while problems with the death penalty system are examined. The court today recognized that Governor Wolf's reprieve in Terry Williams' case fits well within the scope of a governor's constitutional authority. This decision is entirely appropriate in light of Pennsylvania's deeply flawed capital punishment system."

In February 2015, Wolf granted a temporary reprieve for Williams, a convicted murderer. His reasoning was to wait until he received and reviewed the forthcoming report of the task force on capital punishment. The report will be issued by a bipartisan committee and will be a full examination of the Commonwealth's use of capital punishment. The declaration of a moratorium on the death penalty in Pennsylvania goes back to 2011 when Resolution 6, a legislative proposal by state Sen. Stewart Greenleaf, was adopted.

At the time, Greenleaf indicated the American Bar Association identified several areas in which Pennsylvania's death penalty system faltered in guaranteeing each capital defendant fairness and accuracy in all proceedings. The Pennsylvania Supreme Court Committee on Racial and Gender Bias in the Justice System also determined that racial, ethnic and gender biases exist, and that those biases significantly affect the way parties, witnesses, litigants, lawyers, court employees and potential jurors are treated. Post-conviction DNA testing showed that there are wrongful convictions, even in capital cases. The bipartisan task force was formed to conduct a comprehensive study and report those findings to the governor.

The Terrence Williams murder conviction goes back to the night of June 11, 1984. Williams beat Amos Norwood to death with a tire iron then set the body on fire. During the investigation and subsequent trial, it was determined that the Norwood murder was Williams' 2nd killing. Williams had been sexually involved with Norwood and Herbert Hamilton, a relationship that prosecutors pointed out he had previously denied. Hamilton was stabbed multiple times.

During the 1986 trial Williams took the stand in his own defense and testified under oath that Michael Hopkins and Marc Draper, mutual friends, killed Norwood. He told the court he didn't know Norwood and had never met him before the night of June 11, 1984, the night of the slaying. The Pennsylvania Supreme Court concluded that the defendant's claim was built on perjury.

In his declaration of a moratorium Wolf said the action was not an expression of sympathy for those on death row and who have been convicted of heinous crimes. His decision, he said, was based on a flawed system that was proven to be an endless cycle of court proceedings as well as ineffective, unjust and expensive. The moratorium would remain in effect until the task force has produced its recommendations and all concerns are addressed, Wolf said.

State Sen. Daylin Leach (D-Montgomery/Delaware) said the governor's actions were appropriate. Leach is the primary sponsor of Senate Bill 493, which would abolish the death penalty in Pennsylvania. He is also a member of the Pennsylvania Task Force and Advisory Commission on Capital Punishment that was established in 2011.

"Since 1973, 156 people have been sentenced to death in the United States and subsequently exonerated," Leach said. "The moratorium courageously issued by Governor Wolf and upheld by the Pennsylvania Supreme Court ensures that our Commonwealth will not commit the ultimate miscarriage of justice, the shame of which would be borne by all Pennsylvanians. With the moratorium in place, the task force can continue to diligently study concerns about our capital punishment system."

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Organizers of an anti-death penalty coalition say they have delivered over 56,000 petition signatures to New Hampshire Republican Gov. Chris Sununu, urging him to sign a bill to repeal the state’s capital punishment law.
Sununu has vowed to veto the bill, saying he stands with crime victims and members of the law enforcement community.
Before presenting the signatures, the New Hampshire Coalition to Abolish the Death Penalty held a news conference Thursday where family members of murder victims spoke in favor of repealing the death penalty.
The bill was passed by the House and Senate.
It is unclear whether they have a two-thirds majority of votes in both chambers, which is needed to override vetoes. Source: The Associated Press, May 17, 2018

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The high school junior accused of gunning down 10 students and teachers at a Santa Fe school is facing a capital murder charge - but he’ll never face the death penalty, even in Texas.
Though Dimitrios Pagourtzis was charged as an adult and jailed without bond, even if he’s found guilty he can’t be sentenced to death because of a 2005 U.S. Supreme Court ruling. And in the Lone Star State, he can’t be sentenced to life without parole as the result of a 2013 law that banned the practice for minors.
“In Texas, after the Supreme Court’s decision, they passed a law that basically says that it’s a life sentence if you’re under 18 at the time of the crime,” said attorney Amanda Marzullo, executive director of Texas Defender Services. “The Court has said that it is cruel and unusual to execute an individual who is under 18 at the time of the offense.”
The Santa Fe High School student admitted to the mass shooting that killed 10 and wounded 10 others early Friday, according to court documents.…

31 years ago, on May 20, 1987, just before midnight, I was sitting in the witness area of the Mississippi Gas Chamber watching someone die in front of me. His name was Edward Earl Johnson.
I am both sad and glad that Edward’s final two weeks, right up to his agonising death, were recorded in Paul Hamann’s extraordinary BBC documentary Fourteen Days in May. Sad, because from time to time I find myself forced to relive that horror, when I watch the film at some public event; glad, because at least Edward’s senseless death has had positive repercussions – the film inspiring many to take up the battle for people in his precarious predicament.
Yet it irks me beyond measure that people who should know better use their position of power to prognosticate that the justice system never executes the innocent. For example, in a case called Kansas v. March, in 2006, U.S. Supreme Court Justice Antonin Scalia loudly proclaimed that there is not “a single case — not one — in which it is clear that a…

How much does the public have a right to know about how the state of Indiana executes people?
It is a question that, effectively, strikes at the heart of capital punishment. And it's the issue in a 4-year-old case in Marion Circuit Court that started with a public records request by Washington attorney A. Katherine Toomey to the Indiana Department of Corrections (DOC).
"If we win ... the Indiana public will know more about one of the most consequential areas of decision making that the state of Indiana engages in," attorney Peter Racher said in an interview.
The state, however, sees it as contrary to a state law limiting what the public can see pertaining to executions. The law was controversial because of how it passed. After midnight on the final day of the 2017 legislative session, it was added to a budget bill, two pages out of 175.
"The budget is now a death penalty bill," Rep. Matt Pierce, D-Bloomington, said at the time. "There's been no public…

(CNN) - An Australian woman has been sentenced to death by hanging after a Malaysian court overturned an earlier acquittal of drug smuggling charges.
According to CNN affiliate Sky News, a three-judge panel unanimously threw out the previous ruling in 54-year-old Maria Elvira Pinto Exposto's case.
The grandmother and mother of four was arrested in December 2014 while transiting through the Malaysian capital Kuala Lumpur on a flight from Shanghai to Melbourne, according to another CNN affiliate, SBS News.
She was found in possession of 1.1 kilos (2.4 lb) of crystal methamphetamine and faced a mandatory death penalty under Malaysia's draconian drugs laws.
Exposto claimed she had no knowledge of the drugs in her bag and had been scammed by a boyfriend she met online.
According to SBS, Exposto's lawyers said she had gone to Shanghai to file documents in relation to her boyfriend's retirement from service in the US army. When she left China, Exposto claimed she was handed …

The lawyers fighting the death penalty ordered for a former Northmont High School student want the Ohio Supreme Court to reconsider its affirmation of the sentence and scheduling of the execution.
Austin Myers' lawyers said in a motion filed this morning that they want the state's highest court to overturn the conviction and call a new trial "or in the alternative that his sentence be modified to life without parole."
Myers, 23, is still apparently the 2nd youngest on Ohio's death row 3 1/2 years after being sentenced for the murder of childhood friend Justin Back, 18, of Wayne Twp., Warren County.
Last Thursday, the court affirmed the death penalty for Myers, for the stabbing death of Back at his home outside Waynesville in January 2014.
The execution was scheduled for July 20, 2022 in the decision.
Warren County prosecutor David Fornshell was pleased with the 7-0 ruling by the state's highest court.
"The 7-0 decision is always something you like to se…

Defendant claims firefighters didn't try hard enough to extinguish blaze
The nanny responsible for killing 4 members of a family in an arson appeared in court in eastern China on Thursday to appeal her death sentence.
Mo Huanjing, nanny of the family of Lin Shengbin, pleaded guilty to starting the fire. But she said during the appeal at Zhejiang High People's Court that "the penalty in the original ruling was extremely heavy".
"The tragedy wasn't the result I wanted to see," she added. She said the efforts of firefighters were flawed. And she confessed to her offense during the initial interrogation, which could be regarded as a reason to earn a more lenient sentence.
Wu Pengbin, her lawyer, told China Daily that some firefighters and employees of the property management department of Lin's apartment attended the hearing as witnesses at his urging.
"I wanted them to show what they were doing at the time to the court, as I, with my client, thoug…

To cope with his dread, John Kitzhaber opened his leather-bound journal and began to write.
It was a little past 9 on the morning of Nov. 22, 2011. Gary Haugen had dropped his appeals. A Marion County judge had signed the murderer's death warrant, leaving Kitzhaber, a former emergency room doctor, to decide Haugen's fate. The 49-year-old would soon die by lethal injection if the governor didn't intervene.
Kitzhaber was exhausted, having been unable to sleep the night before, but he needed to call the families of Haugen's victims.
"I know my decision will delay the closure they need and deserve," he wrote.
The son of University of Oregon English professors, Kitzhaber began writing each day in his journal in the early 1970s. The practice helped him organize his thoughts and, on that particular morning, gather his courage.
Kitzhaber first dialed the widow of David Polin, an inmate Haugen beat and stabbed to death in 2003 while already serving a life sentence fo…

Concerns about Texas' dwindling lethal injection supplies coupled with questions about the age of the drugs have some advocates wondering whether the state is prepared to humanely carry out its recent uptick in scheduled executions.
Texas currently has 8 death dates and 9 doses of its execution drug - compounded sodium pentobarbital - for use in the Huntsville death chamber. What's more, a string of contradictory records from the Texas Department of Criminal Justice raises questions about whether some of those doses could be 3 years old, far older than previously reported and old enough that experts worry it could increase the chances of a "torturous" execution.
"The older the drug the greater the likelihood of a botched execution. Period," said Maurie Levin, a death penalty lawyer with experience in lethal injection litigation. "It becomes contaminated, corrupted, impotent, and all of those things can lead to a torturous execution."
In response …

Texas executed Juan Castillo, who said he was innocent, for 2003 San Antonio murder
A Texas death row inmate was executed Wednesday — his 4th execution date in a year. Though advocates and his attorneys insisted on Juan Castillo's innocence, he lost all his fights in court and was put to death for a 2003 San Antonio murder.
Juan Castillo was put to death Wednesday evening, ending his death sentence on his 4th execution date within the year.
The 37-year-old was executed for the 2003 robbery and murder of Tommy Garcia Jr. in San Antonio.
The execution had been postponed three times since last May, including a rescheduling because of Hurricane Harvey.
Castillo's advocates and attorneys had insisted on his innocence in Garcia’s murder, pleading unsuccessfully for a last-minute 30-day stay of execution from Republican Gov. Greg Abbott after all of his appeals were rejected in the courts.
The Texas Defender Service, a capital defense group who had recently picked up Castillo’s cas…

DPN opposes the death penalty in all cases, unconditionally, regardless of the method chosen to kill the condemned prisoner. The death penalty is inherently cruel and degrading, an archaic punishment that is incompatible with human dignity. To end the death penalty is to abandon a destructive diversionary and divisive public policy that is not consistent with widely held values. The death penalty not only runs the risk of irrevocable error, it is also costly to the public purse as well as in social and psychological terms.The death penalty has not been proved to have a special deterrent effect. It tends to be applied in a discriminatory way on grounds of race and class. It denies the possibility of reconciliation and rehabilitation. It prolongs the suffering of the murder victim's family and extends that suffering to the loved ones of the condemned prisoner. It diverts resources that could be better used to work against violent crime and assist those affected by it. Death Penalty News is a privately owned, non-profit organization. It is based in Paris, France.Your donations to Death Penalty News DO make a difference.